Legal Question in Wills and Trusts in India
Will Probation Process
What is the process of probating a will? I am facing a situation where a relative is threatening to probate a fraudulent will in Gurgoan/Delhi in order to extort money from the legal heirs of the deceased where the deceased did not leave a will. Can such a will be probated by the court without informing the legal heirs of the deceased? Any notice in a local paper is easy to miss.
4 Answers from Attorneys
Re: Will Probation Process
you can file a caveat in teh court
Re: Will Probation Process
You may file a caveat in the concerned courts. A will is probated only after giving notice to all legal heirs.
You may also consider filing a civil suit, the place where the property is situated, seeking a declaration of inheritance and that the deceased did not leave any will; and that a will, if any, may be fraudulant.
Re: Will Probation Process
File caveat in the court
Re: Will Probation Process
Hello.
Good Evening.
I would advise you to file a caveat in the Hon'ble Court.
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